STATE OF NEW YORK
DEPARTMENT OF HEALTH
Flanigan Square, 547 River Street, Troy, New York 12180-2216
Antonia C. Novello, M.D., M.P.H., Dr.P.H.
Commissioner
Dennis P. Whalen
Executive Deputy Commissioner
March 1, 2006
Re: Selling Vent-Free Gas Space Heating Appliances in New York State
Dear Seller of Vent-Free Gas Space Heating Appliances:
On August 12, 1998, a new regulation governing the distribution and sale of ventfree gas space heating appliances (Title 10 [Health] of the Official Compilation of
Codes, Rules and Regulations of the State of New York, Part 71) (“10 NYCRR Part 71”)
became effective in New York State. A copy of this regulation and the enabling
legislation is attached. This regulation sets forth several requirements with regard to the
manufacture and sale of vent-free gas space heating appliances (“appliances”).
Responsibilities for manufacturers and sellers under 10 NYCRR Part 71 may be
summarized as follows (sellers’ responsibilities are highlighted in bold):
1. Manufacturers must produce and provide to sellers shipping carton labels for
appliances that prominently and clearly display specific cautionary language
regarding proper installation, service, selection and use (label language
provided in §71.3(a)). Sellers must ensure that these labels are (1) on the
outside of each appliance and (2) prominently and clearly displayed, in
bold type no smaller than 14 point, on or near each appliance on display
at each point-of-sale.
2. Manufacturers must, within four years of the effective date of the regulation,
produce shipping carton labels for appliances that prominently and clearly
display the appliances’ carbon monoxide (CO) and nitrogen dioxide (NO2 )
emission rates as percentages of the recognized industry standards for
emissions of those chemicals. Sellers must ensure that these labels are (1)
on the outside of each appliance shipping carton and (2) prominently and
clearly displayed, in bold type no smaller than 14 point, on or near each
appliance on display at each point-of-sale (§71.3(b)).
3. Manufacturers must produce sizing guidelines for appliances to be provided
at each point-of-sale by sellers of appliances (§71.3(c)).
On August 9, 2002, sellers were notified of the Department’s interim
determinations regarding the second requirement listed above. Specifically, sellers
were provided with copies of an interim label that provided information on each
appliance’s emission rates for CO and NO2. Also, sellers were reminded of their
responsibilities to ensure proper labeling of shipping cartons and the proper display of
labels at points-of-sale.
This letter supercedes the Department’s August 9, 2002 letter. It provides
updated guidance regarding labeling. This letter also serves as a reminder of your
responsibilities under New York State law, if you wish to sell vent-free appliances in
New York State.
The attached labels must accompany all vent-free gas space heating appliances
sold in New York State. One label contains specific cautionary language. The other
label indicates the appliance’s CO and NO2 emission rates as percentages of the
recognized industry standard set forth in ANSI Z21.11.2. The regulation requires sellers
of vent-free gas space heating appliances to ensure that these labels are on the outside
of each appliance carton and are clearly and prominently displayed at points-of-sale.
Sellers are also reminded that Part 71 requires you to provide sizing guidelines
available from manufacturers at each point-of-sale.
Noncompliance with any requirement of Part 71 is a misdemeanor (see attached
New York General Business Law, §322-c). The Department will implement measures to
verify compliance with this regulation.
If you have any questions, please feel free to telephone Mr. Steve Shost toll-free
at 1-800-458-1158, extension 27815 or 518-402-7815.
Sincerely,
Edward Horn, PhD.
Division of Environmental Health Assessment
New York State Department of Health
(attachments)
\P:\BTSA\Bureau\Rulemaking\UnventedGasHeaters\Label-Testing_2005\SecondNotificationSeller_Final-2006.doc\
New York State-Approved Labels for
Vent-Free Gas Heating Appliances
required by New York State Department of Health Regulation §71.3(b)
EMISSIONS INFORMATION
Percent of Allowable Per ANSI Z21.11.2
Carbon Monoxide (CO)
0
25
50
75
100
Nitrogen Dioxide (NO2)
Default label
EMISSIONS INFORMATION
Percent of Allowable Per ANSI Z21.11.2
Carbon Monoxide (CO)
0
25
50
75
100
Nitrogen Dioxide (NO2)
Example, if emissions are demonstrated by the approved method to be in the shaded quadrants
Specifications
Size………………….H 1.875”, W 2.5”
Type…………………Main Title: Helvetica Condensed Bold, 14 point, All Caps, Centered
Sub Title: Helvetica Condensed Bold, 10 point, U/L Case, Centered
Chart Text: Helvetica Condensed Bold, 14 point, U/L Case
Darkened Boxes……..65% Black Fill
Color…………………Black Ink on White Background
Note: Manufacturer may include its own part number on the label.
New York State-Approved Shipping Carton Labels for
Vent-Free Gas Space Heating Appliances
required by New York State Department of Health Regulation §71.3(a)
Shipping carton labels for vent-free gas space heating appliances must contain the
following language:
Caution: This appliance is a supplemental heat source
and should not be the primary heat source. This
appliance must be installed and serviced according to
the manufacturer’s instructions and local and state
building codes. Select a model with appropriate heat
output using sizing guidelines provided by the
manufacturer. Using a heater with greater heat
output than recommended may be harmful to your
health. As with other fuel burning appliances, local
building codes may require installation of a carbon
monoxide detector in your home.
Manufacturers Note:
Manufacturers of vent-free gas space heating appliances must produce shipping carton
labels for appliances that prominently and clearly display this language in bold type no
smaller than 14 point.
Sellers Note:
Sellers of vent-free gas space heating appliances shall ensure that this language is on
the outside of each shipping carton and is prominently and clearly displayed, in bold
type no smaller than 14 point, on or near each appliance on display at points-of-sale.
Vent-Free Gas Space Heating Appliances
Relevant New York State Laws
General Business Law
Article 20
§ 322-c. Gas space heating appliances to be equipped with back draft diverters and
automatic shutoff devices. On and after July first, nineteen hundred sixty-five it shall be
unlawful to manufacture or assemble, or to sell or offer for sale, or to install, use or
maintain in any building used or occupied as a residence, any space heating appliance
using natural and/or manufactured gas fuel unless such appliance is equipped with (a) a
back draft diverter with vents of sufficient capacity to permit the discharge of combustion
gases away from the burning gas, except where such appliance (i) is provided with a
sealed combustion chamber directly vented to the outside, or (ii) is listed by an accredited
third party agency as an unvented appliance in compliance with American National
Standard Z21.11.2 and meets or exceeds standards established by rules and regulations
promulgated, and which may be periodically amended, by the department of health and
approved by the state fire prevention and building code council, and (b) an automatic
shutoff device to prevent the flow of gas if the flame or pilot light, thereof is
extinguished; provided, however, that nothing contained herein shall be construed as
repealing or in any manner limiting, restricting or diminishing any power conferred by
any provision of law upon any city having a population of one million or more, or any
body, agency or officer thereof, to enact or adopt local laws, ordinances, other local
enactments or rules or regulations relating in any manner to gas space heating appliances,
so long as such local laws, ordinances, enactments, rules or regulations in so far as the
same relate to the subject matter of this section, are not less restrictive than the provisions
of this section. A violation of the provisions of this section shall constitute a
misdemeanor.
Public Health Law
Article 2, Title 1
§ 206. Commissioner; general powers and duties.
1. The commissioner shall:
(r) by rule and regulation, establish standards necessary and appropriate for the
implementation of item (ii) of clause (a) of section three hundred twenty-two-c of the
general business law. Such rules and regulations shall be approved by the New York
state fire prevention and building code council.
VentFreeLaws-NYS.doc
Pursuant to the authority vested in the Commissioner of Health by section 206.1(r) of the Public Health Law, a
new Part 71 is added to Title 10 (Health) of the New York Codes, Rules and Regulations, to be effective upon
publication of a Notice of Adoption in the State Register, to read as follows:
Part 71
REQUIREMENTS FOR VENT-FREE GAS SPACE HEATING APPLIANCES
(Statutory Authority: Public Health Law, Section 206.1(r))
SEC.
71.1 Purpose
71.2 Definitions
71.3 Requirements
71.4 Effective Date
Section 71.1 Purpose
The purpose of this rule is to protect public health,
safety and welfare by specifying requirements for vent-free
gas space heating appliances offered for sale or sold in New
York State.
71.2 Definitions
(a) Sizing guidelines means printed instructions
provided by the manufacturer that contain information on
selecting a vent-free gas space heating appliance with
appropriate heat output.
(b) Vent-free gas space heating appliance, also
known as a gas-fired unvented room heater, means an
unvented, self-contained, gas-burning appliance for
connection to the house fuel supply system and for
furnishing heat to the space in which installed, directly from
the appliance without duct connection. These appliances
may be free-standing, wall mounted or for insertion in a
noncombustible fireplace.
71.3 Requirements
(a) Manufacturers of vent-free gas space heating
appliances shall produce shipping carton labels for vent-free
gas space heating appliances that prominently and clearly
display, in bold type no smaller than 14 point, the following
language:
Caution: This appliance is a supplemental
heat source and should not be the primary
heat source. This appliance must be
installed and serviced according to the
manufacturer’s instructions and local and
state building codes. Select a model with
appropriate heat output using sizing
guidelines provided by the manufacturer.
Using a heater with greater heat output
than recommended may be harmful to
your health. As with other fuel burning
appliances, local building codes may
require installation of a carbon monoxide
detector in your home.
Sellers of vent-free gas space heating appliances shall ensure
that this label is on the outside of each vent-free gas heating
appliance shipping carton and is prominently and clearly
displayed, in bold type no smaller than 14 point, on or near
each vent-free gas space heating appliance on display at a
point-of-sale.
(b) Within four years of the effective date of this
regulation, manufacturers of vent-free gas space heating
appliances shall produce shipping carton labels for vent-free
gas space heating appliances that prominently and clearly
display, in bold type no smaller than 14 point, information
on the vent-free gas space heating appliance’s measured
carbon monoxide and nitrogen dioxide emission rates as a
percentage of the carbon monoxide and nitrogen dioxide
emission rate standards referenced in a recognized industry
standard for vent-free gas space heating appliances. Sellers
of vent-free gas space heating appliances shall ensure that
this label is on the outside of each vent-free gas space
heating appliance shipping carton and is prominently and
clearly displayed, in bold type no smaller than 14 point, on
or near each vent-free gas space heating appliance on display
at a point-of-sale. The Commissioner of Health must have
determined that the methods and procedures used to develop
the carbon monoxide and nitrogen dioxide emission rates for
the label represent (i) normal operating conditions for the
vent-free gas space heating appliance, (ii) a reliable
analytical method and (iii) an accurate statistical measure of
actual emission rates.
(c) Sizing guidelines prepared by manufacturers of
vent-free gas space heating appliances shall be provided at
the point-of-sale by sellers of vent-free gas space heating
appliance. The sizing guidelines shall be easy to understand,
concise and include sample calculations illustrating the
method used to select a properly-sized vent-free gas space
heating appliance.
71.4 Effective Date
This regulation shall be effective on the date of
publication.
FinlRule.wpd
12 August 1998